NORTH POWER CORPORATION Electric Network Project ......The precious treasure of Tay people is folk...

Component : Distribution Efficiency Project (DEP) – The First Phase- Yen Bai Province

Report : Ethnic Minorities Development Plan (EMDP)

THANG LONG POWER DEVELOPMENT JOINT STOCK COMPANY 1

NORTH POWER CORPORATION

Electric Network Project Management Board

-------------------------------

ETHNIC MINORITY DEVELOPMENT PLAN

(EMDP)

SUBPROJECT:

DISTRIBUTION EFFICIENCY PROJECT

THE FIRST PHASE – YEN BAI PROVINCE

REPRESENTATIVE INVESTOR

REPRESENTATIVE

CONSULTING

Hanoi, April, 2012

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wb406484

Typewritten Text

IPP573 v4




TABLE OF CONTENTS

1. Introduction ........................................................................................................ 4

2. Particulars about ethnic minorities in the Project Site ..................................... 4

2.1. General Description about the Project area ..................................................... 4

2.2. Particulars about ethnic minorities in the Project area .................................... 5

2.3 Ethnic minorities affected by the Project ................................................... 9

3. Policy Framework ....................................................................................... 12

4. The Project’s impacts on ethnic minorities and mitigation measures ................. 14

4.1. The Project’s impacts ............................................................................. 15

4.2. Mitigation Measures ...................................................................................... 17

5. Implementation ................................................................................................. 20

5.1. Vietnam Electricity ......................................................................................... 20

5.2. Power Network Project Management Board .................................................. 20

5.3. Provincial People’s Committee ...................................................................... 21

5.4. District (Communal) People’s Committee ...................................................... 21

6. Implementation plan ......................................................................................... 21

7. Supervision and evaluation ............................................................................... 21

8. Budget and expenses ........................................................................................ 21

APPENDIX 1: ...................................................................................................... 25

APPENDIX 2: ...................................................................................................... 26

APPENDIX 3: ...................................................................................................... 27

APPENDIX 4: ...................................................................................................... 42

List of Tables:

Table 1 Primiliary research on ethnic minorities in the Project area ...................... 8

Table 2: Temporary impacts on cultivated land .................................................... 16

Table 3: Impacts on trees and crops ..................................................................... 16

Table 4: Permenantly occupied land of ethnic minorities ...................................... 17

Table 5. Performance program ............................................................................. 19

Table 6: Cost estimates of EMDP perforfmance ................................................... 22




Abbreviations:

The

Consultant

Thang Long Power Development Joint Stock Company

CPC Communal People’s Committee

DMS Detailed Measurement Survey

DP(s) Displaced Person

DPC District People’s Committee

EVN Vietnam Electricity

EM(s) Ethnic Minority(s)

GOV Government

HH Household

OP4.10 Action Plan of WB OP4.10

PPC Provincial People’s Committee

EMDP Ethnic Minorities Development Plan

ROW Right Of Way

WB World Bank

MV Medium Voltage




1. Introduction

The Project’s recommended development objective is to improve efficiency,

availability and reliability in power supply and power utilization efficiency. This

objective would be achieved through three components, namely (i) the reinforcement

and expansion of the power network including construction and reinforcement of

110kV, low and medium voltage networks (including transformer sub-stations); (ii)

the introduction of smart grid technologies focusing on advanced metering systems

and automation); and (iii) provision of technical assistance and capacity building.

The Distribution Efficiency Project (DEP)- the first phase – Yen Bai province

shall focus on rehabilitation and expansion of 35kV, 22kV and 0.4kV power

distribution systems. The Project would construct total 30,785km km of MV wireline

(35kV and 22kV), 27 transformer stations with total capacity of 3,802kVA and

114,085km for 0.4kV wirelines. (refer to the Report on Investment for details about

transformer stations)

The Project is launched in 23 communes (wards and towns) in 7 districts (city)

in Yen Bai Province, including: Yen Bai city, Tran Yen district, Yen Binh district,

Van Chan district, Van Yen district, Mu Cang Chai district and Luc Yen district, in

which 8 communes belong to 4 districts in the project area affecting the ethnic

minorities people.

This document is compiled as required by the WB’s policy OP4.10 on ethnic

minorities and policies on ethnic minorities of the Vietnamese Government. EMDP is

developed and launched to: (a) protect tradition and culture of ethnic minorities, (b)

minimize the project’s adverse impacts on ethnic minorities and (c) offer socio-

economic benefits to the ethnic minorities groups. These guidelines aim at ensuring

that the ethnic minorities are fully provided with information, consulted and engaged

into the Project performance survey. Their engagement not only brings reliable

benefits but also protects them against the Project’s adverse impacts during

construction. 2. Particulars about ethnic minorities in the Project Site

2.1. General Description about the Project area

Being a mountainous province deeply located in the continent, Yen Bai is one

of 13 Northern mountainous provinces situated between the Northeast and Northwest

areas. Its North borders with Lao Cai province, its South borders with Phu Tho

province, its East borders with two provinces of Ha Giang and Tuyen Quang and its

West borders with Son La province. Yen Bai is the home of 9 administrative units (1

city, 1 town and 7 districts) with total 180 communes, wards and towns (159

communes and 21 wards and towns), including 70 mountainous communes and 62

extremely difficult communes invested in accordance with the State's socio-economic

development programs, whereas 2 mountainous districts of Tram Tau and Mu Cang

Chai (Mong ethnics accounted for over 80%) are situated in 61 poor and extremely

difficult districts nationwide. Yen Bai is the center and intermediate of roadway,

railway and waterway traffic routes from Hai Phong and Hanoi to Lao Cai border gate




which is an advantage in exchanging with provinces and domestic and international

markets.

Climate

Yen Bai is located in the tropical monsoon climate range with average

temperature of 22 - 230C; average rainfall of 1,500 – 2,200mm/year and average

humidity of 83 – 87%, favorable for agricultural and forestry development.

Economic potential

Yen Bai is potential to develop agriculture and forestry attached with material

sources: Forestation, paper and pulp processing, artificial plank; cinnamon, tea and

coffee plantation and process; cassava and fruit plantation and processing; aquaculture

and fishery processing. Thanks to abundant minerals, it is favorable to exploit and

process minerals and other construction materials.

The ethnic minorities groups available in the project area are Tay, Nung, San

Diu, Cao Lan.

2.2. Particulars about ethnic minorities in the Project area

2.2.1 Mong ethnic group

The ethnic group focuses on the high mountainous areas in Ha Giang, Tuyen

Quang, Lao Cai, Yen Bai, Lai Chau, Son La, Cao Bang and Nghe An. The ethnic

group is so-called Mong Do (white Mong), Mong Lenh (Mong Hoa), Mong Si (Red

Mong), Mong Du (Black Mong) and Mong Sua (Mong Man).

Their main life subsistence is shifting cultivation, maize and rice cultivation in

some places where contour fields are available. Their main foods are maize, oryza

montana and oats. Moreover, flax is planted to take fiber for cloth and medicinal trees

are planted. Buffalo, cow, horse, dog and chicken are raised by Mong households.

Previously, they used to think that: Breeding is the job of women whereas meat

hunting in the forest is the responsibility of male.

They think that relatives are the siblings with the same ancestors who may be

born and died in the house. Those should always give their hands to help each other

and overcome difficulties in the life. Each clan lives concentrate into one group with a

head of a clan to be in charge of overall tasks.

Marriage of Mong people is based on free selection of life partner. Those who

are in the same family line are not allowed to get married. "Hay pu” is the custom of

Mong people, i.e., in case of falling in love and parents’ approval but difficult

economic condition, they appoint each other at a location. From such location, the boy

marries the girl as his wife. Couples of Mong people are rarely get divorced. They live

in peace. They cooperate with each other in business, cultivation, shopping and

engaging in festivals, etc.

The traditional Tet of Mong people is held on December in calendar. In the 3

days of Tet, they do not eat vegetables. Young people often blow “khen” (pen-pipe) to

invite friends.

Their musical instruments comprise of variety of “khen” and “dan moi”. After a hard




working day, the man uses his “khen” and “dan moi” to call for his lover to praise

beauty of life, native place and country.

House has its own characteristics. House of Mong people usually has three

rooms without lean-to.

Wooden skeleton with simple structure, mainly three columns with parallel girder or

two girders. Regarding the living: It is relatively consistent among houses. Three

room houses: the main room is in the middle always placed ancestral altar. It is also a

place for everyday eating. One gable room for activities of male members and male

guests, an auxiliary kitchen is in adjacent to this room. The other gable room in the

other side is for the activities of women, is also a place of the main kitchen. Kitchen

of the Mong people is type of closed kitchen- stove - a product of the North. Cattle

cage is situated in front of house.

Whereas Meo people in Thuan Chau and Moc Chau, Son La have specific features.

Unique Hmong male costume is different from many ethnic people in the area;

while the female costume is difficult to mix with costumes of other ethnics. The

costume is dedicatedly decorated, dyed, drawing with bee wax and patterns with wide

and nice dress type.

2.2.2 Tay ethnics

Tay people mainly live in Lang Son, Cao Bang, Tuyen Quang, Ha Giang, Bac

Kan and Thai Nguyen. They also live in Bac Giang, Quang Ninh and Hoa Binh.

Besides, they are also available in provinces in the West of Bac Bo such as Yen Bai

and Lao Cai or moving to some highland provinces such as Dak Lak and Lam Dong

recently.

Habits and customs of Tay people are worship of their ancestors. Altar has

important position in houses of Tay people. They mainly live on wet rice cultivation.

Tay people’ concepts on living place are as follows: They often select to live near

rivers, delta areas or valleys. Traditions and habits of Tay people are relatively similar

to Kinh people. Significance of wet water cultivation is easily recognized in their

festivals. Lồng Tồng Festival (starting harvest season) is a typical example. The

festivals are often held on January when rice and crops start. Other festivals include

New Year wishing and yield crops.

Tay people often cultivate rice, maize, potato and fresh vegetables. There are

often 20 houses in each village. It is usually silt house, soil house or temporary house.

In their house, men often live outside whereas women live inside. They often wear

indio-blue cotton clothes.

Tay people’ concept is that living and obeying the laws shall strengthen power

of their community. It is clearly demonstrated in Tay families. The couples are very

faithful and rarely divorce is available. Bed is usually left unoccupied, arranged in

front of altar, and the strangers are not allowed to sit or lie in it. There are some

taboos, for example, it is not allowed to step on stove. After attending funerals, it is

required to wash clearly before entering cattle or hen house. Newly delivered women

are not allowed to access to the altar.

Tay people own a diversified traditional culture such as poem, music and

dances. They often organize puppetry and rice cultivation-related cultural activities.

The precious treasure of Tay people is folk songs, proverbs, sayings, lullabies and




wedding songs. Many Tay people have poems printed in the national culture poem

books. They are very frank, honest, brave and united. They are very friendly and

hospitality. When starting making acquaintance, they behave as the close friends. Tay

people are indispensable part in the 54 ethnic community of Vietnam.

2.2.4. Nung Ethnic Group

Nung ethnics (local groups: Nung Xuong, Nung Giang, Nung An, Nung Loi,

Nung Phan Sinh, Nung Chao, Nung Inh, Nung Quy Rin and Nung Din) belonging to

the Tay-Thai language group (Tai-Kadai language family), concentrated living in the

Northeastern provinces of the North such as Lang Son, Cao Bang, Bac Kan, Thai

Nguyen, Bac Giang, Tuyen Quang and so forth (accounting for 84%). Currently,

many people have moved to Highland provinces (11%), mainly in Dak Lak. Language

of Nung people is similar to the language of Tay people and under Tay Thai group.

The Nung mainly worship their ancestors. The altar is put in a room of the

house, this is also altar worshiping god and saints, Confucianism and Taoism. They

live on rice and corn. They cultivate wet rice or crops and fruit trees. They like fatty

fried dishes. Their most favorite dish is “KhNu Nhục”. God water is a long-time

tradition of Nung people. They have a diversified collection with folklore fine arts and

culture including folk songs and sli songs. The smooth rhythms of si tune are similar

to the natural sound of forest, bringing the profound impression for those coming to

live in areas of Nung people.

2.2.3. Thai Ethnics

Population of Thai ethnic is 1,328,725 persons, accounting for 1.74%

population nationwide, mainly concentrated in provinces of Lai Chau, Dien Bien, Lao

Cai, Yen Bai, Son La, Hoa Binh, Thanh Hoa, Nghe An (number of Thai people in

such 8 provinces makes up 97.6% of total Thai people in Vietnam). in which Son La

has 482,485 persons (54.8% of population), Nghe An has 269.491 persons (9,4% of

population), Thanh Hoa has 210,908 persons (6.1% of population), former Lai Chau

(now Lai Chau and Dien Bien) has 206,001 persons (35.1% population).

Previously, matrilocate is the rule in the Thai society. After the wedding, Thai man

comes to live with his wife family in several years, until the couple have child they

come to live in the husband's house. However, such customs is no longer available,

except for some cases where the husband’s family condition is not so good, the

husband must work to mortgage for the wife’s parents. Regarding funeral customs, the

Thai's concepts of death is that they will continue their life in other world. Thus, they

organize funerals in a way like a farewell party to see off the dead persons to the

uppermost world.

The Thai possess a valuable legacy of myths, legends, ancient tales, stories in verses

and folksongs. The well-known epics include the Xong chu xon xao (farewell to his

lover), the Khu Lu Nang Ua (Lu and Ua). The Thai knew how to in write a time

immemorial, so have kept on tissue paper and leaves many vestiges of ancient

literature, customs and practices and folkloric genres. The Thai like to sing, in

particular recite “khap” with the accompaniment of string instruments and dance.

Their folk dances such as “Xoe” and “Sap” (bamboo dance) are performed on the

stages at both home and a broad. “Han Khuong” and “Con” throwing are also of

Thai's unique cultural characters.




The most distinct difference of Thai's house against that of Viet and Han people is that

they build Stilt House. House of white Thai people shares many similarities with that

of Tay- Nung. Whereas house of black Thai people is nearly the same as houses of

Mon-Khmer residents. However, houses of black Thai people have characteristics

without available in the houses of Mon-Khmer residents. Among the Black Thai, the

roof is shaped like a tortoise carapace with decoration called khau cut at each of the

ridge. Two front rooms are unoccupied and surrounded by barriers. Door and window

frames are differently decorated. There are two basic house frames of Thai people

namely “khứ tháng” and “khay điêng”. Because the former is the extended section of

“khứ kháng” with two further columns. Such purlin is similar to that of Tay-Nung

people.

The house arrangement of Black Thai people is relatively unique: rooms are

specifically named. Floor is divided into two parts: a part is used as the sleeping

places of family members, a half is used as a kitchen and living room to welcome

male guests.

Regarding costumes, in living and working, Thai men wear shorts with a belt; a shirt

with an open collar and two pockets on either side. Shirts are round collar without

shoulders, two front pockets and inserted with cloth buttons or bone. Special

characteristics of Thai male shirts in Tay Bac area are not tailored (because it is

basically similar to short shirts of Tay, Nung, Kinh and so forth) but diversified colors

of traditional cloth created by the community: It is not only indigo and white but also

milky coffee color or square stripped by red, green and coffee fibers, etc. In festivals,

they wear long dress with indigo color, head turban and wooden clog. In funerals,

they wear colorful clothes, contrast with daily color. It is usually characterized by

long, big tailoring style without carving underarm seams with types of Splitting chest,

underarm seams and head gliding.

For some recent ten years, Thai men wear western clothes popularly.

Thai female costumes are clearly divided into two types of White Thai (Táy khao) and

Black Thai (Táy đăm).

� White Thai: In daily life, the white Thai’s women wear short jackets (xửa

cóm), black skirts without patterns. The jacket is bright color, white, pinned-

silver cottons creating images of butterflies, bees…On the contrast, the Black

Thai’s women wear “xửa cóm” with V-formed collars. Shirt body is shorter

than that of Kinh people, hugging the body when wearing into the dress rim.

Dress is closed (pipe), black and inserted with red cloth in the inside. When

wearing "xửa cóm” and dress, Thai women also wear colorful cloth covering

outside. Head turban without decorative pattern is only less than 2m long

indigo fabric belt… In festivals, they wear black long dress. This shirt is

characterized by a big head; straight body without underarm seam, decorated

by 'khít' cloth at the center of body with tassels from shoulders to chest, the

underarm is decorated with two types of patterns in triangular layout. There are

no signs to recognize women who are married or not. They have wide hoop

hat.

• Black Thai: In daily life, the Black Thai wear dark indigo or black “xua com”;

collars are round and upright. Pattern-decorated turbans have plentiful




decoration models. Skirts are as same as those of the white Thai. The ways of

gathering hair are also like those of the white Thai, gathering hairs on the top

of head (so-called “tằng cNu”; when her husband died, they gather hairs low

behind the back; unmarried girls do not gather hairs. On traditional ceremonies

and Tet holidays, the Black Thai’s long dresses are diversified styles, plentiful

patterns, and various colors and models.

2.2.5. Other ethnic groups

Cao Lan ethnics (so-called San Chay, San Chi, Man Cao Lan and Hon Ban)

have population of over 147,315 persons, residing in the Northeastern provinces of the

North, including Tuyen Quang, Thai Nguyen, Bac Giang and Yen Bai. Their scattered

residence is found in provinces of Quang Ninh, Cao Bang and Lang Son. Cao Lan

ethnics have many families; each family is divided into branches. Each family is

characterized by specific custom. A certain gods is worshipped by each family. In Cao

Lan family, father is the owner. Although the marriage party is held by the

bridegroom’s parents, after marriage, the bribe returns to live with her natural parents.

Sometimes she visits the husband's family till she is pregnant, then she lives with her

husband forever. Regarding costumes, Cao Lan people often wear similar to Kinh or

Tay people. In daily life, women use belt wearing knife bag instead of belt. In

festivals and Tet holiday, girls often wear 2-3 colorful silk or crepe belts.

2.3 Ethnic minorities affected by the Project

The Project is launched in 23 communes (wards and towns) in 7 districts (city)

in Yen Bai Province, including: Tay, Nung, Dao, Mong and Cao Lan. The allocation

of ethnic minorities in the project area is as follows:

Total ethnic minorities affected by the Project area are 630 households with 2257

persons (including 1377 men and 1313 women).

Table 1: Preliminary research on ethnic minorities in the Project area

No.

Name of

district/commune

Name of

ethnic

minorities in

the Project’s

affected areas

Name of

village

(hamlet)

Number of

ethnic

minorities

households

in the

Project’s

affected

areas

Total number of

ethnic minorities

people in the

Project’s affected

areas

District

Co

mm

une

Femal

e Male

1 Yen Bai City

1 Nguyen Thai Hoc

ward

Tay, Mong,

Dao and

Muong

0 0 0

2 Tran Yen District

2 Hung Khanh Tay

Nui Vi,

Luong An,

Ngon Dong,

Khe Cam,

0 0 0




No.

Name of

district/commune

Name of

ethnic

minorities in

the Project’s

affected areas

Name of

village

(hamlet)

Number of

ethnic

minorities

households

in the

Project’s

affected

areas

Total number of

ethnic minorities

people in the


areas

District

Co

mm

une

Femal

e Male

etc

3 Viet Thanh Tay, Mong,

Thai and

Muong

Hamlets 10

and 11 2 4 4

4 Quy Mong Tay, Mong,

Thai and

Muong

Hamlets 4

and 6 1 2 2

5 Nga Quan Tay, Mong,

Thai and

Muong

Minh Quan,

Hong Ha 0 0 0

3 Yen Binh District

6 Dai Minh commune None

7 Thac Ba town Tay, Dao,

Nung and

Thai

Street

quarter No.

4 & 5

0 0 0

4 Van Chan District

8 Hanh Son Tay, Dao,

Muong and

Thai

Ban Duong,

Ban Cai, Lo

Gach, Ban

Toa, Thieng

Dinh, etc

0 0 0

9 Thach Luong Tay, Dao,

Muong and

Thai

Ban Co, Ban

Lai, Ban

Duong, Ban

Cai, Ban

Khem, etc

2 4 4

10 Cat Thinh Tay, Dao,

Muong and

Thai

Deo Ach,

Cao Phuong,

Da Yen, Khe

Cang, etc

0 0 0

11 Tan Thinh Tay, Dao,

Muong and

Hoa

Hamlets 1

and

2…hamlet

14

0 0 0

12 Nghia Tam Tay, Mong

Khe Nhao,

Khe Diem,

Khe Tho,

Khe Chi, etc

0 0 0

13 Thanh Luong Muong, Thai

and Tay

Ban Ly, Ban

Loi, Ban

Lao, Kha

Ha, etc

195 378 402

5 Van Yen District

14 Mau A town Tay, Dao,

Muong and

Dong Buoi,

Goc So, Cau 10 30 28




No.

Name of

district/commune

Name of

ethnic

minorities in

the Project’s

affected areas

Name of

village

(hamlet)

Number of

ethnic

minorities

households

in the

Project’s

affected

areas

Total number of

ethnic minorities

people in the


areas

District

Co

mm

une

Femal

e Male

Nung A

15 An Thinh

Tay, Dao,

Muong and

Nung

Khe Cat,

Lang Cheo,

Che Ve, etc

55 80 80

16 An Phu Tay, Dao and

Cao Lan

Gian Khe,

Yen Phuoc,

Khe Lo,

Dong San,

etc

25 63 69

6 Mu Cang Chai

District

17 Mo De Mong Mi Hang,

Mo De 90 210 215

18 Pung Luong Mong

Na Hang

Tau , Na

Hang A

50 110 110

7 Luc Yen District

19 To Mau

Dao, Tay,

Nung and

Muong

Na Pau, Cua

Ngoi, Na

Hoa and

Lang Chay

95 207 226

20 Minh Tien Mong, Nung

and Tay

Khuan Puc,

Khe Vai,

Lang Ven,

Khau Pha,

etc

40 95 90

21 An Lac

Dao, Tay,

Nung and

Muong

Hamlets 1

and

2…hamlet 9

0 0 0

22 Vinh Lac Tay Loong Xe,

Ben Muom 50 95 107

23 Minh Chuan

Tay, Nung,

San Diu, Dao,

Mong and Cao

Lan.

Hamlets 1

and

2…hamlet

10

15 35 40

Characteristics of ethnic minority households are as follows:

Average number of person in a household 4.41 persons

Male 51.1%

Female 48.9%

Age groups

1 – 17 years old 33%

18 – 60 years old 56%

Over 60 years old 11%




House owner

Male 73.2%

Female 26.8%

Occupation Agriculture

Annual average income 5,400,000 VND/household/year

1,224,320 VND/person/year

Utilities 92%

Households with TV 68%

Households with motorbike 87%

Households with bicycle 85%

Households with refrigerator 1.3%

Households with washing machine 0.1%

Others 0.2%

Majority land of ethnic minorities in the Project area is paddy field, land for

forest, hills and fruits. A minor part of the remaining is residential and garden

land. Rice cultivation and forestation are main agricultural activities of ethnic

minority people in the Project area. Ethnic minority farmers often hire ploughs and

Paddy Threshers in the commune to plough and pluck rice.

They often put down microorganism fertilizer in the field. Garden land is used

for a series of purposes, including Planting long-day crops in combination with short-

day crops, breeding cows, pigs, chicks and ducks. The cultivated land is often used to

cultivate peanut, corn, bean, sugar canes and pineapple.

3. Policy Framework

This document is compiled as required by the WB’s policy OP4.10 on ethnic

minorities and policies on ethnic minorities of the Vietnamese Government.

According to the OP4.10: “The overall objectives of the Bank for ethnic minorities as

well as for all residents of member countries are to ensure that the development

process fully respects dignity, human rights and their cultural characters. Specifically,

the key objective of this guideline is to ensure that the ethnic minority is not to suffer

from adverse impacts of development process, especially impacts of the projects

funded by WB and ensure that they shall enjoy fair socio-economic benefits and

cultural benefits. and “WB’s policy is that the strategy on handling ethnic minority-

related issues must be based on willingness of such ethnic minority groups. Therefore,

determining priorities of locality through direct consultation, integrating local

knowledge into project development and utilization right from the beginning by

experienced experts are the core activities of any project which may affect ethnic

minorities and their benefits for natural resources and economics."




In the laws of Vietnam, equal rights of each person residing in Vietnam are

confirmed in the Legislation 1992. This is demonstrated in Article 5 of the

Legislation: "The State of the socialist republic of Vietnam is the united State of

ethnic groups living in the territory of Vietnam. The State takes the equal, solidarity

and multual supporting policies for ethnics, prohibits all discrimination behaviors and

scheme to drive a wedge between the peoples. The peoples have the rights to use

their voice, letter and maintaining national identity and develop their good customs,

traditions and culture. The State applies comprehensive development policies,

gradually improving the material and spiritual life for ethnic minority people.” Since

1968, the settlement policy has been promulgated for ethnic minorities to reduce

migration trends of the peoples. Recently, activities on supporting development of

ethnic minorities are increasingly concerned by the Government, especially programs/

policies such as:

• On 31st June 1998, the Prime Minister promulgated the Decision No.

135/1998/QĐ- TTg on approving the socio-economic development program

of the extremely difficult communes in the mountainous (The program was

so-called Program 135). The Program aimed at promoting the material and

spiritual life of people living in difficult areas. The Program created favorable

conditions for these areas to eliminate the poverty and backward situation and

keep up with the overall development of the country. The program also

contributed to ensure the social order, security and national defense. The

main objectives of the program were: To construct infrastructure,

accommodation; to develop agriculture, forestation and farming training in

areas covered by the Program.

• Resolution of the National Assembly dated 7th

July 1993 on “Regulations of

National Council”

• The Directive No. 393/TTg dated 10th June 1996 of the Prime Minister on

“Population planning, improvement of infrastructure and production

restructuring in the regions of ethnic minorities and mountainous areas”.

• Resolution No. 22-NQ/TW of the Party's Politburo on a number of policies

for the economic-social development in the mountainous areas”.

• Resolution No. 24-NQ/TW of the Party's Politburo at the sixth Party Congress

on “strengthening religious practices in the new era”.

• Decree No. 51/2003/ND-CP of the Government on 16th May 2003 on

prescribing the functions, tasks, powers and organizational structure of the

Committee for Ethnic Minorities.

• Decision No. 134/2004/QD-TTg dated 20th July 2004 of the Prime Minister

on a number of supporting policies regarding production land, residential




land, residential houses and daily-life water for poor ethnic minority

households.

• Decision No. 32/2007/QD-TTg dated 5th March 2007 of the Prime Minister

on providing production loans for extremely disadvantaged ethnic minority

households.

• Decision No. 33/2007/QD-TTg dated 5th March 2007 of the Prime Minister

on Policies on supporting Relocation of Ethnic Minority Inhabitants for

Sedentary Farming and Settlement in the period of 20007 – 2010.

The system of competent agencies, organizations and special bodies in charge

of ethnic minorities comprise of Committee for Ethnic Minorities of the Government

and National Council of the National Assembly. Committee for Ethnic Minorities of

the Government and National Council of the National Assembly. The Committee for

Ethnic Minorities is the ministerial- level agency of the Government which exercises

the State management functions relating to ethnic minorities nationwide, public

services under the management of the Committee as stipulated by the law.

The National Council of the National Assembly is responsible for inspecting

legislative projects, ordinance projects and other projects relating to ethnic minorities.

as well as supervising the performance of laws and resolutions on ethnic minorities

adopted by the National Assembly, resolutions of the National Assembly Standing

Committee; supervising performance of the Government and ministerial-level

agencies in fulfilling socio-economic development program and plan in the

mountainous areas and areas with ethnic minorities; recommending the National

Assembly and NA Standing Committee on issues relating to ethnic minority policies

of the State, issues on organization and operation of the stakeholders; suggesting the

Government, the Prime Minister, the Ministers and heads of other central and local

agencies under the State relating to the ethnic minorities. 4. The Project’s impacts on ethnic minorities and mitigation measures

The Project’s impacts are determined through consultation process with local

persons (including ethnic minority people) during preparation of project materials. In

this sub-project, the following impacts (both positive and negative) are determined:

• Supply and expansion improvement of power grid coverage in the area

• (Temporary or permanent) impacts on cultivated land during construction

• Impacts on crops

• Risks on power accidents

Impacts on household level are insignificant and its impact coverage is

not localized in a certain area (covering in 07 districts and cities of Yen Bai

province). At the community level, the local persons and authority expressed

their support towards project performance in the area.




4.1. The Project’s impacts

4.1.1. Temporary impacts on cultivated land

Majority land of ethnic minorities in the Project area is paddy field, land for

forest, hills and fruits. Other lands are residential and garden types. Land area lost due

to the project’s impact is insignificant compared with area of the affected persons. The

temporarily occupied land during construction is available in 2 cases namely: hen

transporting columns and materials into foundation position, foundation

excavation and erection and stretching wire to take sags. Total expected

numbers of DPs are 43 households with 170 persons, concretely:




Table 2: Temporary impacts on cultivated land

No.

Name of

district/commune

Name of

village

(hamlet)

Number of

households

Number

of

people

Temporarily

affected

production

land area

(m2)

District Commune

1 Tran Yen District

1 Viet Thanh

Hamlets

10 and

11

2 8 740

2 Quy Mong Hamlets

4 and 6 1 4 200

2 Van Chan District

3 Thach Luong Ban Co 2 8 220

3 Mu Cang Chai District

4 Mo De

Mi

Hang,

Mo De

9 39 2,750

5 Pung Luong

Na Hang

Tau , Na

Hang A

9 35 2,150

4 Luc Yen District

6 To Mau

Na Pau,

Cua

Ngoi

6 22 1,310

7 Minh Tien

Khuan

Puc,

Khe Vai

7 27 1,390

8 Vinh Lac

Yen

Phuc, Pu

Thao

7 27 1,610

Total: 43 170 10,370

4.1.2 Affected trees and crops

Due to insignificant investment scale for each commune, works items can be

shortly launched from 3- 6 months. Therefore, temporarily occupied impact is

available during one crop. In case it is possible to arrange the wiring progress right

after the annual crops in routes trespassing agricultural land areas, impacts on trees

and crops of the local people may be significantly reduced.

Table 3: Impacts on trees and crops

No. Name of

district/commune

Name of village

(hamlet)

Impacts on trees (crops)

Trees

(tree)

Rice

(crop)

(m2)

Others

(specify)

1 Tran Yen District

1. Viet Thanh commune Hamlets 10 and 11 390

2. Dao Thinh commune Hamlets 4 and 6 140

2 Van Chan District

1. Thach Luong Ban Co 170




commune

Mu Cang Chai District

1. Mo De commune Mi Hang, Mo De 2350

2. Pung Luong commune Na Hang Tau , Na

Hang A 225

3 Luc Yen District

1. To Mau commune Na Pau, Cua Ngoi 1250

2. Minh Tien commune Khuan Puc, Khe

Vai 520

3. Vinh Lac commune Yen Phuc, Pu Thao 1350

Total: 745 5,650

4.1.3 Permanently occupied land

The project’s permanently occupied land impacts are insignificant and evenly

scattered in the routes.

Table 4: Permanently occupied land of ethnic minorities

No.

Name of

district/commune

Name of village

(hamlet)

Permanently

occupied land area (m2)

Percent of

permanent

occupied land

area (%)

District Commune

1 Tran Yen District

1 Viet Thanh Hamlets 10 and 11 108 1.32%

2 Dao Thinh commune Hamlets 4 and 6 31 0.42%

2 Van Chan District

3 Thach Luong Ban Co 58 0.81%

3 Mu Cang Chai

District

4 Mo De Mi Hang, Mo De 245 0.52%

5 Pung Luong Na Hang Tau , Na

Hang A 230

0.59%

4 Luc Yen District

6 To Mau Na Pau, Cua Ngoi 250 1.52%

7 Minh Tien Khuan Puc, Khe

Vai 160

0.75%

8 Vinh Lac Yen Phuc, Pu Thao 120 1.09%

Total: 1,202

4.2. Mitigation Measures

4.2.1. Community consultation

It is supposed to disseminate information and consult the affected persons and

ethnic minority people in the project area as well as relevant agencies to minimize

risks on conflict and risks caused by the project. Accordingly, demand and necessity

are investigated to offer the best socio-economic benefits for the ethnic minority

people.




Objectives of the information dissemination strategy to the affected persons are

as follows:

• To notify the target project, project scale and recommended activities to

affected households and ethnic minority people.

• To collect data on demand and priority of affected households and persons

as well as their suggestions for the recommended policies and works.

• To obtain the cooperation and engagement of affected households, persons

and community in the task to be done to plan the ethnic minority

development

Community Consultation and Information Dissemination strategy comprises of 2

phases namely preparation of EMDP and performance of EMDP.

a. The first phase

• Step 1: To propagandize and discuss with the local authority on wire lines and

mitigation measures. This phase includes following activities: wire line selection,

population survey and statistics of impacts on human beings, properties,

acknowlegement of the project's mitigation strategy, compensation, rehabilitation

and construction, consultation with affected persons and ethnic minority people

for EMDP.

• Step 2: Statistics and survey on impacts: According to the route agreement, survey

teams shall recognize the wire line position in cooperation with the local authority

to prepare list of affected households regarding land, buildings and crops. The

socio-economic formation surveys unveiled that 20% of households (or 10% of

vulnerable households) were affected. The statistics revealed all affected

households.

• Step 3: Meetings with local authority and affected households. The field workers

in the survey team consult the local authority and households about the wire lines,

disadvantage possibility of the project and recommendations on compensation

unit price for buildings and structures, construction works and land. During

launching the survey, the field workers should meet and discuss directly with

households and ethnic minority people affected by the Project regarding

compensation solutions, disadvantage possibility of the project and mitigation

measures. Feedback should be concerned and mentioned in Report on EMDP. The

Consultant also prepares the socio-economic survey forms and questionnaires

about compensation of affected households. The local authority also engages in

consultation about advantages of land in case of using public land for

compensation. NPC held meetings with local authorities of all concerned

provinces, districts and communes in the Project area. In such meeting, NPC

requested affected households, ethnic minority people and representatives of local




authorities to discuss and release opinion about the Project’s solutions, mitigation

measures and draft of EMDP’s policies. Representatives of Women Association,

Farmer Association, Department of Natural Resources and Environment, affected

households and local authorities participated in such meetings.

The draft of EMDP was also submitted to the competent agencies of the

Provincial People’s Committees and WB’s representative offices in Vietnam. The

final report on EMDP was also re-submitted to the PPC and WB’s representative

offices in Vietnam.

b. The second phase

• Step 1: Information dissemination to ethnic minority people Information is

distributed to the ethnic minority people in the Project Site.

• Community consultation on EMDP’s activities, training and training programs. In

the consultation meetings, affected households can release opinions on activities.

Set activities for the benefits of ethnic minority people should be recorded.

Moreover, DPs should be notified about time, venue and process of activities in

EMDP. Ethnic minority people should be consulted about training programs and

other programs such as training solutions, time and forms, which they may need.

The consultation meetings should be attended by the native persons and translated

into their native languages.

• Step 3 – the second phase: Information on EMDP performance process for the

local authorities. The communal authorities and affected ethnic minority people

shall be notified about construction process and procedures as well as procedures

of EMDP by NPC. The communal authorities and the district People’s Committee

must ensure that the affected ethnic minority households in the Project area

acquire information about EMDP and project performance process.

4.2.2. Training and development supporting activities

Table 5. Performance program

No. Program Agency-in charge Works and plan

1 Agriculture

training includes:

Northern Power

Corporation, Power

Network Project

Management Board, local

authorities, PPC and

Agricultural Extension

Association.

The Power Network Project

Management Board under

NPC is responsible for

implementation, including:

+ Training about

new rice breed and

trees

+ Names of communes in

the Project area

+ Training about

farming

+ Training plan (in one or

half a day)




No. Program Agency-in charge Works and plan

+ Training about

fertilizer utilization

+ Time and venue at each

commune

2 Training about

power

NPC and Yen Bai Power Power Network Project

Management Board is

responsible for

implementation.

5. Implementation

Northern Power Corporation (NPC) is responsible for Project performance,

including design survey, project preparation and ethnic minority development plan.

Implementation of ethnic minority development plan should have the close

cooperation of relevant agencies and local authorities. Agencies and organizations in

charge of preparing, implementing and supervising the ethnic minority development

plan are

- EVN

- Northern Power Corporation (EVN – NPC)

- Power Network Project Management Board

- People’s Committee of Yen Bai province.

- People’s Committees of districts (communes) in the Project area.

5.1. Vietnam Electricity

Being the Project Owner, EVN shall be absolutely responsible for managing

investment guidelines, design survey, works construction as well as the Project’s

compensation and resettlement supervision, directing the project preparation and

performance, ethnic minority development plan appraisal through professional

agencies to approve decisions on resettlement prepared by the Power Network Project

Management Board. NPC is assigned to directly manage the Project performance

process by EVN.

5.2. Power Network Project Management Board

The Power Network Project Management Board undertakes the Project

management as assigned by NPC including EMDP preparation and implementation.

EMDP is submitted to EVN and WB for approval.

• Supervision of EMDP implementation by employing the independent

consultant

• Report on EMDP performance process to WB.




In order to successfully implement these tasks, it is required to establish a

department or team including experienced staffs who specialize in supervising and

implementing EMDP.

5.3. Provincial People’s Committee

PPC shall manage the cooperation between boards, industries and departments

in launching the ethnic minority development plan.

5.4. District (Communal) People’s Committee

• It is supposed to cooperate with the Project management unit to implement

EMDP.

• Local persons should be supported to overcome difficulties during construction.

Residential meetings should be organized to disseminate information for better

implementation of EMDP.

6. Implementation plan

Right after the Project’s investment capital is approved, ethnic minority people

shall be fully informed again about their benefits. Such information shall be provided

to each ethnic minority household by NPC (as prescribed in the WB's disclosure

policy). The Project performance plan is as follows:

Implementation plan

No. Items Implementation period

1 Ethnic Minorities Development Plan The first quarter, 2012

2 Approval of EMDP The second quarter, 2012

3 Implementation of EMDP The second quarter, 2012

4 Payment The second quarter, 2012

7. Supervision and evaluation

NPC shall check and supervise the EMDP performance. In addition, an

independent consultancy company shall cover the independent supervision. Such

supervision may be combined with the supervision of the Project’s Resettlement Plan.

Scope of Work (SOW) and Terms of References (TOR) for this work shall be

prepared and submitted later by NPC.

8. Budget and expenses

EMDP’s activities shall lay positive impacts on all ethnic minority people in

the Project area. Funds are from EVN’s corresponding capital. Expenses of EMDP's

action plans are categorized as follows:




Table 6: Cost estimates of EMDP performance

No. Items Unit

Quantit

y

(tier)

Unit price

(VND/tier

)

Total

(VND)

1 Expenses for

preparing and

launching EMDP

programs

One-day long training

course is held in

communes (8 communes)

8 5,000,000 40,000,000

2 Training about

agriculture, power

safety use for local

people and

students

One-day long training

course is held in

communes (8

communes). These

courses are expected to be

launched in schools at

communes

8 10,000,000 80,000,000

3 Meeting and

manuals, training

materials on

agriculture and

power safety

- Power safety use

- Training about

agriculture.

8 5,000,000 40,000,000

Total 160,000,000

Provision 10% 16,000,000

Total 176,000,000




APPENDIX --------------------

APPENDIX 1: Map of Project Site

Appendix 2: Social Impact Assessment

Appendix 3: Minutes of meeting on ethnic Minorities

Development Plan

and screening table on ethnic minorities

Appendix 4: EMDP Policy Framework




APPENDIX 1:

MAP OF PROJECT SITE




APPENDIX 2:

SOCIAL EVALUATION

1. Width, depth and required analysis category to launch the social evaluation should

correspond to the nature and scale of the Project’s potential impacts on ethnic

minority people to see whether it is positive or negative.

2. The social evaluation includes following factors:

(a) Consider the Project’s scale, legislative framework and laws applied for ethnic

minorities

(b) Collect background information about demography, society, culture and politics of

the affected ethnic minority communities, their land which is under their long-time

ownership, use or general occupation and natural resources which they depend on.

(c) Consider and concern about background information, identification of the Project's

main players and careful composition of cultural formation process to consult the

ethnic minorities in each project preparation and implementation period.

(d) Evaluate the potential impacts and positive impacts of the project based on

freedom, preferences and consultation with the affected ethnic minority community.

Evaluation of potential adverse impacts refers to analysis of relevant vulnerability and

risks on affected ethnic minority community to release difference cases and close

relation between land and natural resources as well as settlement of opportunity

insufficiency relating to other social groups in the community, area or society in the

country where they reside.

(e) It is necessary to identify and evaluate the methods based on freedom, preferences

and consultation with the affected ethnic minority community to avoid adverse

impacts or if such methods are not feasible, identification of method shall minimize or

compensate for such impacts and ensure that the ethnic minority groups receive

cultural- corresponding benefits under the Project.




APPENDIX 3:

EVALUATION SURVEY SHEET

AND SCREENING TABLE ON ETHNIC MINORITIES




SUMMARY ON SCREENING ETHNIC MINORITIES:

No.

Name of

district/commune

Total ethnic

minorities

households

Number of ethnic

minorities groups in

the Project site

Number of affected ethnic

minorities

households/persons

Average

number

of people

in a

household

Percent of

ethnic

minorities

in the

community

Villages

with 90-

100% of

ethnic

minorities

Villages with

50-90% of

ethnic

minorities District CommuneNumber of

households

Number

of

people

Name of ethnic

minorities group Total Male Female

%

Female

1 Yen Bai City

1 Nguyen Thai Hoc ward 24 103 Tay, Mong, Dao and

Muong 0 0 0 4.29 1%

2 Tran Yen District

2 Hung Khanh 917 3698 Tay 0 0 0 4.03 54%

3 Viet Thanh 9 38 Tay, Mong, Thai and

Muong 8 4 4 50% 4.22 1.2%

4 Quy Mong 72 251 Tay, Mong, Thai and

Muong 4 2 2 50% 3.49 1%

5 Nga Quan 19 84 Tay, Mong, Thai and

Muong 0 0 0 4.42 4%

3 Yen Binh District

6 Dai Minh commune None

7 Thac Ba town 43 181 Tay, Dao, Nung and Thai 4.21 3.0%

4 Van Chan District

8 Hanh Son 1075 4868 Tay, Dao, Muong and

Thai 4.53 89.7%

9 Thach Luong 963 4372 Tay, Dao, Muong and

Thai 8 4 4 50% 4.54 93.4%

10 Cat Thinh 1232 5139 Tay, Dao, Muong and

Thai 0 0 0 4.17 60.0%

11 Tan Thinh 193 598 Tay, Dao, Muong and

Hoa 0 0 0 3.10 13.0%

12 Nghia Tam 645 2665 Tay, Mong 4.13 34%




No.

Name of

district/commune

Total ethnic

minorities

households

Number of ethnic

minorities groups in

the Project site

Number of affected ethnic

minorities

households/persons

Average

number

of people

in a

household

Percent of

ethnic

minorities

in the

community

Villages

with 90-

100% of

ethnic

minorities

Villages with

50-90% of

ethnic

minorities District CommuneNumber of

households

Number

of

people

Name of ethnic

minorities group Total Male Female

%

Female

13 Thanh Luong 634 2450 Muong, Thai and Tay 3.86 87%

5 Van Yen District

14 Mau A town 113 403 Tay, Dao, Muong and

Nung 3.57 4%

15 An Thinh 65 412 Tay, Dao, Muong and

Nung 6.34 24%

16 An Phu 343 1321 Tay, Dao and Cao Lan 3.85 29%

6 Mu Cang Chai District

17 Mo De 594 3692 Mong 425 215 210 49% 6.22 99%

18 Pung Luong 560 2968 Mong 210 110 100 48% 5.30 90%

7 Luc Yen District

19 To Mau 95 433 Dao, Tay, Nung and

Muong 22 12 10 45% 4.56 82%

20 Minh Tien 591 5455 Mong, Nung and Tay 27 14 13 48% 9.23 92%

21 An Lac 522 2149 Dao, Tay, Nung and

Muong 4.12 84%

22 Vinh Lac 927 4282 Tay 202 107 95 47% 4.62 89%

23 Minh Chuan 533 2479 Tay, Nung, San Diu,

Dao, Mong and Cao Lan. 4.65 90%




APPENDIX 4: EMDP POLICY FRAMEWORK

Introduction

1. Proposed project development objective(s): The proposed development objective of

the project is to improve efficiency, availability and reliability of power supply and as well

the efficiency of its utilization. This would be achieved through (a) rehabilitation of the

distribution system from below 110 kV; and (b) modernization of the distribution system

through introduction of smart metering and smart grid technologies.

2. Preliminary project description

The project activities will be rehabilitation and expansion of power distribution system from

110 kV and down, including distribution line, substations of 110 kV, 35 KV, 22kV, and to

0.4 kV.

3. For the subprojects to be located in the areas of Ethnic Minorities, every special effort

will be made through design, construction measures and construction schedules to reduce

adverse impacts on Ethnic Minorities. For the rehabilitation/expansion of the Medium

Voltage system, the adverse impacts would be on individuals and at low-intensity, most of

impacts on land of Ethnic Minorities will be temporary, some families of Ethnic Minorities

will be permanently acquired land for constructing of towers/poles and substations.

Therefore, the project subcomponents would not cause any culturally specific impact on the

affected ethnic minority households and the nature of impacts does not result in community-

wide socio-economic effects.

4. Sub-projects may be implemented in Provinces, Districts and Communes where

ethnic minority people are present as part of the population. In line with the World Bank’s

OP/BP 4.10 on Indigenous Peoples, Ethnic Minority Development Plans (EMDPs) will be

developed for areas that have ethnic minority households according to this planning

framework for ethnic minorities. Ethnic minorities are social groups with a social and

cultural identity distinct from the dominant society that may make them vulnerable to being

disadvantaged in the development process. According to OP/BP 4.10 ethnic minorities can be

identified in particular geographical areas by the presence in varying degrees of the following

characteristics:

a) Self-identification as members of a distinct indigenous cultural group and

recognition of this identity by others;

b) Collective attachment to geographically distinct habitats or ancestral territories

in the project area and to the natural resources in these habitats and territories;

c) Customary cultural, economic, social, or political institutions that are separate

from those of the dominant society and culture; and;

d) An indigenous language, often different from the official language of the

country or region.

5. The purpose of this planning framework is to ensure that the development process

foster full respect for dignity, human rights, and cultural uniqueness of Ethnic Minority

People. More specifically, the objective of this planning framework is to ensure that EM do

not suffer adverse effects during the development process and that they will receive culturally

compatible social and economic benefits.




Ethnic Minorities in Viet Nam

6. Ethnic Vietnamese, known as Kinh, with about 85 percent of total population,

dominate the political, economic, and social affairs of the Socialist Republic of Viet Nam.

There are officially another 53 ethnic groups in Viet Nam who constitute the category of

ethnic minorities. Most of ethnic minorities population live in the uplands. Population of

ethnic minority groups range from over a million to only a few hundred. The only ethnic

minority groups who live mainly in the lowlands are Hoa (Chinese), Cham and Khmer.

7. Ethnic minorities in Viet Nam are diverse origin. A majority (39) as well as Kinh

speaks languages in the Austro-Asiatic language family. But others speak Austronesian and

Sino-Tibetan languages. They differ greatly in ways of livelihood, social organization. Some

have had relationship with Kinh society for a long time, while others have lived in relative

isolation until recent decades. Some groups have lived in their present locations for many

centuries, while others have migrated into their present location within the past hundred

years.

8. In the past fifty years, many ethnic minorities communities have shifted residence

because of war, governmental settlement programs, or a depleted resource base. As many as

five million Kinh have been relocated from the lowlands into upland areas. The biophysical,

social, and political context of the lives for most ethnic minorities has changed drastically in

the past fifty years.

9. Equality right of ethnic people was stipulated clearly in the Vietnam Law. Article 5 in

the Vietnam Constitution (1992) stipulated as follows: The Socialist Republic of Vietnam is

an united nation having many nationalities. The State implements a policy of equality and

unity and supports the cultures of all nationalities and prohibits discrimination and

separation. Each nationality has the right to use its own language and characters to preserve

their culture and to improve its own traditions and customs. The State carries out a policy to

develop thoroughly and gradually improve the quality of life of ethnic minorities in Vietnam

physically and culturally.

10. Since 1968, the Government has promulgated sedenterization policy for ethnic

groups, reducing migration trends of the ethnic people. One of the most important policies on

relation with ethnic groups is the Government Guidance No.525/TTG on 2/11/1993

regarding in detail on implementation guiding of development in high land areas and ethnic

areas with the main following points:

• Develop infrastructure especially transportation road system and fresh water supplying;

• Gradual increase food security;

• Consolidate of education system; adjust education program based on the characteristics

of provinces; create favor conditions and support the non-formal education programs and

develop the internal economy.

11. Ethnic minorities in Vietnam have enjoyed better legal and political status than

minority groups have in many other countries in the region, or around the world. They have

received many benefits as a result of government policies. They have received preferential

treatment in college admission processes. Cooking oil, kerosene, and iodized salt have been

provided to them at heavily subsidized rates. The government, foreign donor agencies, and

many NGOs have organized numerous development and special assistance programs that

targeted ethnic minorities. Very large sums of money have been invested with the intention

of helping the uplands in general and ethnic minorities in particular to “catch up” with

lowland areas.




12. While many—probably most—ethnic minority households have better material

standards of living today than they did ten or fifteen years ago, they are still not catching up

with the rest of the country economically. Indeed, they are in many ways falling further

behind. There are many reasons for the poverty of ethnic minority groups in Vietnam. The

peoples are struggling to adapt to severe stresses placed upon them from population pressure,

resource depletion, and cultural dislocation resulting from decades of externally imposed

change. Development of the region must concentrate on promoting the process of adaptive

change, recognizing that it must be accomplished by the people themselves, and that they will

inevitably have to devise many different ways of doing it.

THE strategy

13. The Bank's OP/BP 4.10 on Ethnic Minorities indicates that the planning framework

for addressing the issues pertaining to ethnic minorities must be based on the free, prior and

informed consultation of the ethnic minority people themselves. Thus, identifying local

preferences through direct consultation, incorporation of indigenous knowledge into project

approaches, and appropriate early use of experienced specialists are core activities for any

project that affects Ethnic Minority Peoples and their rights to natural and economic

resources.

14. The State of Viet Nam has the policy of not discriminating against Ethnic Minority

Peoples as showed by the presence of Ethnic People Council in the National Assembly and

Ethnic People Committee in the Government. Article 94 in the Constitution, 1992 states that

the Ethnic People Committee has the right to submit proposals, plans or related issues of

indigenous peoples to the Assembly, monitor, control the implementation of national

policies, development programs on various areas such as, education, health care, etc. Article

5 of the Constitution also indicates that ethnic minority people could use their own languages

to reserve its cultural distinctions. In the Government of Viet Nam, directly under the

supervision of the Prime Minister is the Committee of Ethnic Minorities (which is equivalent

to a Ministry). Development programs are supervised by this Committee, such as the poverty

reduction Program 135 according to the degree No, 135/1998/QD-TTg of the Prime Minister

to promote the construction of small-scale infrastructure in poor ethnic minority villages.

15. According to the Government of Viet Nam, ethnic minorities have the following

characteristics:

− An intimate understanding and long stay in the territory, land or area of their

ancestors closed attachment to the natural resources;

− Self-identification and recognized by neighboring members by their distinctive

culture

− A language different from the national language

− A long traditional social and institutional system

− A self-provided production system.

16. This planning framework will applied to all of the sub-projects of Distribution

Efficiency Project where applicable.

Ethnic Minority planning framework (EMPf)

17. In case the project involve the preparation and implementation of annual investment

programs or multiple subprojects and when the screening indicates that ethnic minority

groups are likely to be present in, or have collective attachment to, to project area, but their




presence or collective attachment can not be determined until the subprojects are identified,

the EMPF provides for the screening and review of these subprojects.

The planning framework seeks to ensure that ethnic minorities are well informed, consulted

and mobilized to participate in the sub-projects to be supported by Distribution Efficiency

Project. Their participation can either provide them benefits with more certainty, or protect

them from any potential adverse impacts of sub-projects to be financed by the Project. The

main features/process of the EMPF will be a preliminary screening process, and then a social

assessment to determine the degree and nature of impact of each work under the sub-project,

and a plan will be developed if warranted. Consultations with and participation of the ethnic

minority population, their leaders and local government officials will be an integral part of

the overall EMPF.

Screening

18. All communes which have ethnic minority communities and are candidates for sub-

Project will be visited (at the time of first consultation with communes) by PCs, relevant

local authorities and consultants. Prior to the visit, respective PCs will send a letters to the

communes informing the commune leaders that they will be visited by the respective PCs and

local authorities who would like to discuss about the sub-project. The letter will request that

the commune invite to the meeting representatives of farmers and women associations,

village leaders, and key staff of commune for discussion on the sub-project. During the visit,

the commune leaders and other participants will present their views with regards to the sub-

project.

19. At this visit, the social scientists (consultants) will undertake a screening for ethnic

minority population with the help of ethnic minority leaders and local authorities. The

screening will check for the following:

(a) Names of ethnic groups in the commune

(b) Total number of ethnic minority groups in the commune

(c) Percentage of ethnic minority of commune population

(d) Number and percentage of ethnic minority households along the zone of

influence of the proposed sub-Project.

20. If the results show that there are ethnic minority communities in the zone of influence

of the proposed sub-project, a social assessment will be planned for those areas.

Social Assessment

21. The Social Assessment (SA) will be undertaken to evaluate the project’s potential

positive and adverse effects on the ethnic minority groups, and to examine project

alternatives where adverse effects may be significant. The breadth, depth, and type of

analysis in the social assessment are proportional to the nature and scale of the project’s

potential effects on the ethnic minorities, whether such effects are positive or adverse (see

annex 2 for details). The social assessment is carried out by the social scientists (consultants)

whose qualifications, experience, and TOR are cleared by the Bank.

22. Information will be gathered from separate group meetings: ethnic minority leaders;

ethnic minority men; and ethnic minority women, especially those who live in the zone of

influence of the proposed work under sub-project. Discussions will focus on sub-project

impacts, positive and negative; and recommendations for design of sub-project. The




borrower will be responsible for analyzing the SA, and for leading the development of an

action plan with the ethnic minority communities, project engineers and other staff. If the SA

indicates that the potential impact of the proposed sub-project will be significantly adverse

or that the ethnic minority community rejects the project, the sub-project will not be

implemented in that locality; no further action is needed in this case.

23. If the ethnic minority supports the sub-project implementation an EMDP will be

developed.

Ethnic Minority dEVELOPMENT Plan (EMdP)

24. The ethnic minority plan will consists of a number of activities and will include

mitigation measures of potentially negative impacts, modification of sub-project design, and

development assistance. Where there is land acquisition in ethnic minority communities, the

project will ensure that their rights will not be violated and that they be compensated for the

use of any part of their land in a manner that is culturally acceptable to them. The

compensation and rehabilitation will follow the Resettlement Policy Framework of the

project. An Ethnic Minorities Development Plan will include:

(1) Legal Framework

(2) Baseline data;

(3) Land tenure information;

(4) Local participation;

(5) Technical identification of development or mitigation activities;

(6) Institutional arrangement;

(7) Implementation schedule;

(8) Monitoring and evaluation; and

(9) Cost and financing plan.

Implementation Arrangement

25. Consultants will also be responsible for training respective PCs, and a similar social

organization to undertake the work of consultation, screening, social impact assessment,

analyses and preparing EMDPs.

26. PCs of the EVN and local authorities (People’s Committees, Committees for Ethnic

Minorities and Mountainous Areas, Resettlement Committees, Women Union and Land

Departments etc. at different levels) are responsible for implementing EMDPs (arrange

adequate staff and budget).

Monitoring

27. Implementation of the EMDPs will be regularly supervised and monitored by PCs of

EVN and respective Peoples' Committees and Committees for Ethnic Minorities at provincial

and district levels. The findings and recommendations will be recorded in quarterly reports and

to be furnished to EVN and World Bank office in Viet Nam.

28. The independent agency or agencies which would be used by PCs to undertake

external monitoring and evaluation of the implementation of resettlement action plans for the

Project will also be tasked with monitoring the activities for EMDPs. The external

monitoring agency will visit a sample of affected households in each relevant province on an

annual basis.




Schedule

29. The EMDPs should have an implementation schedule that is coordinated with the

sub-project implementation. Logically, social impact assessments and group meetings should

be undertaken before sub-project designs are prepared. Compensation for land acquisition

should be satisfactorily completed at least one month prior to start of civil work. Monitoring

should take place at the recommended times during project implementation.

Budget

30. The EMDPs, while provides development activities, will include information on

detailed cost of mitigation measures and other rehabilitation entitlements for ethnic minority

in the affected areas. Sources of funding for the various activities and financing plans will be

clearly specified in the cost tables.

Reporting/Documentation

31. The EMDPs will be prepared and submitted by PCs to EVN and then the World Bank

at the same time that respective PCs submit their annual work programs to EVN and the

World Bank for review. When EVN submit the final annual work programs of all the

provinces to the World Bank for approval, an integrated EMDP report for the provinces will

also be furnished.

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